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RELIGIOUS  FREEDOM 


IN 

JAPAN. 


A MEMORIAL  AND  DRAFT  OF  CHARTER. 


BY  ARINOEI  MOEI. 


PRIVATELY  PRINTED. 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 
Columbia  University  Libraries 


https://archive.org/details/religiousfreedomOOmori 


To  His  Excellency, 

SANEYOSHI  SANJO, 

Prime  Minister  in  His  Imperial  Majesty's  Government. 
Sir  : 

Among  many  important  human  concerns,  the  one  re- 
specting our  religious  faith  appears  to  be  the  most 
vital.  In  all  the  enlightened  nations  of  the  earth,  the 
liberty  of  conscience,  especially  in  matters  of  religious 
faith,  is  sacredly  regarded  as  not  only  an  inherent 
right  of  man,  but  also  as  a most  fundamental  element 
to  advance  all  human  interests. 

It  is  a strange  and  grievous  fact  that  we  fail  to  find 
in  the  whole  history  of  the  long  and  glorious  continu- 
ance of  our  intelligent  race,  a trace  of  the  recognition 
in  any  form  of  this  sacred  right.  It  is  even  more 
remarkable,  amid  the  wonderful  progress  we  now  be- 
.hold,  that  our  people  are  not  as  yet  quite  earnest  and 
thorough  in  their  consideration  of  this  important  sub- 
ject. 

To  those  who  have  been  brought  up  in  the  strange 
school  of  that  political  economy  which  advocates  the 
superior  excellence  of  ignorance  over  knowledge  for 
all  the  governed,  as  well  as  to  those  who  believe  in 
the  senseless  precept  of  simplicity  or  the  natural  state, 


4 


such  doctrines  as  the  rights  of  man  or  the  liberty  of 
conscience  may  appear  as  something  strange  and 
dreadful.  Even  our  government  may  not  find  itself 
in  a position  practicall}^  to  adopt  these  views.  It  has 
wisely  to  overcome  all  the  influences  of  prejudice  and 
ignorance,  which  are  still  blindly  hostile  to  the  light  of 
the  new  idea. 

The  department  specially  established  for  the  admin- 
istration of  our  religious  affairs,  has  indicated  to  the 
public  as  yet  no  mailt  of  its  success  in  gaining  the  con- 
fidence of  the  people.  Far  from  it.  Its  policy  of  com- 
bining the  two  antagonistic  faiths  of  Buddhism  and 
Sintooism,  which  some  time  since  was  inaugurated 
under  its  sway,  has  utterly  failed  to  command  our 
respect.  Its  attempt  to  impose  upon  our  people  a relig- 
ion of  its  ereation  cannot  receive  too  severe  condem- 
nation, because  such  an  attempt  not  only  disregards 
our  sacred  liberty  of  conscience,  bnt  its  effect  is  to 
crush  the  very  soul  of  man.  Every  one  that  lives  is 
himself  solely  responsible  to  his  Creator  for  all  his 
thoughts  and  deeds.  He  who  is  deprived  of  the 
knowledge  of  this  responsibility,  and  the  freedom  to 
exercise  it,  can  no  longer  be  rightly  called  a man  in 
the  proper  sense  of  the  term.  The  notion  of  making 
a new  religion  or  precept  by  the  authority  of  the  State, 
which  now  prevails  in  our  countr}',  has  a strange  ap- 
pearance in  the  light  of  reason.  Religion  can  neither 
be  sold  to,  nor  forced  upon,  any  one.  It  is,  if  set  forth 
in  a word,  a duty  of  man  as  a rational  being,  and  ac- 
cording to  the  internal  conception  of  its  light,  we, 
independently  of  each  other,  are  enabled  to  know 
and  to  enjoy  the  happy  life  of  faith,  and  insight  into 


5 


spiritual  truths.  One  of  the  great  beauties  of  nature 
is  its  abounding  and  inexhaustible  variety.  There  is 
a corresponding  beauty  in  the  infinite  variety  existing 
in  our  mental  and  moral  worlds.  The  array  of  various 
religious  faiths  is  one  of  the  most  interesting  and  edi- 
fying spectacles  that  can  be  presented  to  the  mind  of 
man. 

Religion  undergoes  changes  from  time  to  time,  adapt- 
ing itself  to  circumstances.  “ The  religions  we  call 
false,”  observed  Emerson,  a profound  American  phi- 
losopher, “were  once  true.  They  also  were  affirma- 
tions of  the  conscience,  correcting  the  evil  customs  of 
their  times.” 

It  may  be  said  in  defense,  that  the  necessity  of  our 
present  situation  demands  action,  for  the  protection  of 
our  people  from  the  strange  and  fearful  influences  of 
the  many  new  doctrines  which  now  threaten  to  invade 
us  from  abroad.  Our  experience  of  Christian  troubles 
in  the  past,  warns  us  strongly  against  the  faith  from 
which  they  were  supposed  to  have  sprung,  and  while 
permitting  an  indulgence  of  the  supposition  that  the 
Christian  faith  may  contain  something  good  and  -bene- 
ficial, it  may  be  contended  that  we  are  not  yet  suffi- 
ciently prepared  to  allow  its  introduction,  because  vve 
are  still  incapable  of  discriminating  between  the  good 
and  the  bad.  It  is  generally  believed  to  embrace  so 
man}'  evils  and  superstitions  that  the  very  name  of 
Christianity  is,  in  the  popular  estimation,  almost  iden- 
tical with  those  bad  qualities  just  described.  These 
objections  are  urged  by  one  class  against  Christianity, 
and  another  class  denounce  it  as  dangerous  to  our 
national  constitution,  because  its  introduction  will 


6 


produce  a sad  discord  between  superiors  and  inferiors, 
in  our  class  system  of  society.  And,  finally,  there  will 
be  others  who  will  argue,  in  a submissive  manner, 
against  its  immediate  introduction,  because  it  will  be 
likely  to  involve  some  unnecessary  disturbance,  and 
thus  retard  our  progress.  Other  objections  might 
be  raised  ; but  it  is  believed  that  those  of  the  gravest 
kind  have  been  described. 

Let  me  now  proceed  to  reply  to  them,  and  try  to 
show  how  unreasonable  and  worthless  they  will  all 
prove. 

The  objections  first  mentioned  rest  on  the  notion 
that  the  Christian  religion  is  bad  and  superstitious  : 
if  it  were  good  and  perfect  no  opposition  to  its  intro- 
duction or  invasion  could  exist.  There  is  no  better 
way  of  indicating  the  absurd  character  of  this  objection 
than  that  of  asking  the  question.  Whether  those  who 
oppose  Christianity  have  any  knowledge  of  its  char- 
acter ? 

The  prevalent  notion  that  it  is  wrong  to  allow  the 
Christian  faith  to  come  into  the  empire,  without  dis- 
criminating between  its  good  and  bad  qualities,  appears 
to  be  much  more  unreasonable  than  the  objection  just 
referred  to,  when  wm  inquire  who  can  be  found  with 
the  requisite  authority  to  perform  the  awful  and  re- 
sponsible duty  of  separating  the  good  from  the  evil. 
To  dare  to  undertake  the  task  one  should  possess  qual- 
ities essentially  equal  to  those  of  Christ  himself.  Let 
him  discriminate  if  he  please  in  his  own  case,  but  not 
for  another  person  who  may  not  have  given  him  au- 
thority so  to  do.  He  cannot  possibly"  assume  to  de- 
cide for  another,  without  committing  a serious  crime 


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of  violence  upon  the  right  of  the  other.  Nor  can  anj’ 
government  perform  this  service  without  prostituting 
its  sacred  office  to  one  of  transgression.  The  protec- 
tion of  the  people  in  their  proper  rights  is  one 
of  the  most  important  among  the  many  grave  respon- 
sibilities with  which  the  government  is  charged.  To 
practice  violence  against  our  inherent  rights  of  con- 
science is  not  one  of  the  purposes  for  which  it  has  been 
created. 

The  second  objection  is  raised  from  a needless  fear 
that  the  introduction  of  Christianity  will  produce  dis- 
cord in  our  social  relations.  Progress  without  revo- 
lution is  impossible.  A discord  in  society  is  often  a 
blessing.  The  question  therefore  stands  whether  the 
anticipated  discord  would  prove  to  be  one  of  injury 
or  of  blessing.  The  answer  cannot,  either  socially  or 
politically,  be  otherwise  than  that  it  would  decidedly 
be  a blessing,  because  the  society  which  receives  the 
addition  of  a new  knowledge,  and  a power  of  the  char- 
acter of  the  Christian  morality  and  faith,  will  neces- 
sarily better  its  condition  b}’^  becoming  both  wiser  and 
stronger.  This  is  no  mere  assertion.  It  is  fact,  demon- 
strated by  the  histor}^  of  the  nations  of  the  earth, 
among  which  none  have  so  grandly  advanced  to  the 
head  of  civilization  as  those  whose  religion  has  been 
Christianity.  However  injurious  and  fearful  it  may 
temporally  appear,  the  evidence  of  the  benefits  of  such 
a polity  will  sooner  or  later  accustom  opponents  to 
its  adoption  in  the  ratio  of  their  better  acquaintance 
with  the  true  philosophy  of  social  improvement  and 
political  progress.  Since  religion  is  entirely  a matter 
of  individual  belief,  no  one  or  government  can  be  pre- 


8 


sumed  to  possess  the  authority  of  repudiating  whatever 
faith  any  man  may  cherish  within  himself.  And  the 
facts  place  beyond  dispute  the  averments  that  none 
of  us,  either  high  or  low  by  political  institution,  is 
different  one  from  another  in  human  organization ; 
and  that,  irrespective  of  our  class  organization  of  so- 
ciety, nature  or  the  Creator  distributes  human  quali- 
ties unequally  among  us,  and  therefore  it  cannot  be 
expected  that  all  will  take  the  same  view  of  such  a 
question.  It  may  with  propriety  be  remarked  here 
that  no’man  or  society  of  men  is  in  the  least  entitled 
to  assume  the  power  of  dictating  the  thought  and 
action  of  the  sovereign  or  any  other  person,  without 
committing  a grievous  wrong.  It  is  painful  to  observe 
that  this  enormity  is  too  often  practiced  among  those 
who  hold  despotism  above  the  right  principles  of 
humanity.  It  may  be  noted  that  these  wrong-doers 
generally  style  themselves,  either  ignorantly  or 
craftily,  as  the  most  faithful  in  discharging  duties  to 
their  country. 

The  third  and  last  objection  is  entirely  based  upon 
precaution  against  any  tendency  to  disturbance,  re- 
sulting from  an  immediate  introduction  of  Christianity, 

In  all  matters  we  deal  with,  true  precaution  is  impor- 
tant, nay,  absolutely  essential.  The  precaution  that  we 
exercise  in  accomplishing  a difficult  purpose  is  a part 
of  the  action,  and  is  an  assistance  in  reaching  the  re- 
sult. The  precaution  that  forbids  an  attempt  to  under- 
take the  task  is  not  precaution  ; it  is  rather  neglect. 
The  precautio'n  suggested  in  the  objection  partakes  of 
the  last-described  character.  This  kind  of  precaution, 
signifying  inattention,  or,  correctly  speaking,  negligence. 


is  truly  a wall  against  progress.  It  fails  to  answer  its 
purpose,  and  therefore  should  be  turned  in  another  and 
better  direction,  and  become  an  active  and  protecting 
element  of  progress. 

The  best  and  most  practical  precautions  for  progress 
are  as  follows  : The  establishment  of  proper  laws  by 
which  all  the  proper  rights  of  man  shall  be  recognized 
and  protected  from  violence  ; and  the  organization  of 
an  educational  system  by  which  the  whole  condition  of 
our  people  shall  be  so  elevated  that  their  moral 
strength  will  sufficiently  protect  their  rights,  even  with- 
out the  additional  dry  and  unsatisfactory  shield  of  the 
written  law  of  the  state. 

The  established  laws  should  secure  a complete  liber- 
ty of  conscience  ; first,  by  a sufficient  protection  for 
the  free  exercise  of  that  libert}^  in  matters  of  religion, 
so  far  as  its  outward  action  does  not  conflict  with  the 
law  of  the  state  ; second,  by  a perfect  impartiality  in 
the  attitude  of  the  state  in  relation  to  all  religious  de- 
nominations ; third,  by  the  protection  from  disturbances 
which  ma}^  arise  from  disagreement  in  their  religious 
faith  and  formulas.  In  consideration  of  these  points  the 
paper  accompanying  this  address,  and  bearing  the  title 
of  “Religious  Charter  of  the  Empire  of  Dai  Niphon,” 
has  been  prepared  as  a draft,  and  is  now  humbly  sub- 
mitted to  your  distinguished  attention. 

It  must  be  remembered,  that  progress  can  only 
be  achieved  through  revolutions  and  trials,  inasmuch 
as  such  is  the  law  of  nature.  The  benefits  of  so- 
cial revolution  have  been  amply  experienced  by  our 
people  now  for  many  centuries,  especially  within  the 
last  twenty  years.  Who  will  deii}^  this  plain  fact? 


10 


We  should,  moreover,  be  fully  aware  that  iuditference 
to  such  au  important  aud  vital  human  interest  as 
religious  liberty,  is,  in  fact,  to  silently  sanction  the 
perpetuation  of  a practice  of  violence  upon  the 
sacred  rights  of  man.  Against  such  an  indignitj" 
let  us  firmly  and  resolutely  stand,  even  to  the  sac- 
rifice of  our  life,  so  that  our  nation  may  live  without 
crime.  Yea,  let  the  law  be  speedily  established  to  se- 
cure for  us  all  our  inalienable  rights.  It  will  be  in- 
jurious to  none  to  perpetuate  the  good,  and  rectify  the 
bad.  The  best  laws  are  the  safest  guide  for  both  the 
governing  and  the  governed.  The  governor,  under 
such  circumstances,  has  the  best  prerogative,  and  the 
governed  the  fullest  liberty. 

I venture  now  to  indicate  what  I consider  as  the 
other  but  more  important  element  of  the  precautions 
for  progress,  namely,  an  educational  organization  by 
which  we  shall  secure  all  our  rights.  While  the  laws 
are  the  best  protection  for  our  liberty,  its  greatest 
security  depends  'wholl}^  upon  the  character  and  po- 
tency of  our  popular  education.  The  value  and  urgency 
of  an  interest  in  education  is  at  once  manifest.  Every 
one  of  us  must  be  profoundly  convinced  that  our  present 
position  is  one  of  awful  responsibility.  We  are  charged 
with  the  task  of  moulding  the  destiny  of  our  nation. 
Nay,  more,  the  influence  we  shall  exert  cannot  fail  to 
have  its  fruit  in  the  initiation  of  similar  laws  in  all  other 
nations  of  Asia.  It  is  of  the  utmost  importance  that 
we  should  with  full  force  aud  great  solemnity  hasten 
forward  in  the  right  direction,  and  with  herculean  zeal 
endeavor  to  do  our  best  in  the  great  cause  of  humanity. 

No  civilization,  or  enlightened  state  of  human  soci- 


11 


ety  can  be  attained,  so  long  as  we  remain  beneath  our 
proper  degree  of  manhood.  It  has  justly  been  illus- 
trated by  the  renowned  Horace  Mann,  one  of  the  most 
distinguished  American  characters  and  a most  eminent 
writer  on  education,  in  the  following  expression  : “ As 
an  apple  is  not  in  any  proper  sense  an  apple  until  it 
is  rii)e,  so  a human  being  is  not  in  any  proper  sense 
a human  being  until  he  is  educated.”  Another  saga- 
cious and  emphatic  word  by  the  same  great  personage 
may  not  less  appropriately  be  quoted  : “ Education,” 
says  he,  “ is  our  only  political  safety  ; outside  of  this 
ark  all  is  deluge.” 

Let  me  now  for  a moment  dwell  upon  the  character 
and  scope  of  the  proposed  educational  organization. 
A few  words  are  sufficient  to  indicate  generally  what 
I have  in  my  mind  in  relation  to  them  ; the  principal 
characteristic  being  an  entire  absence  of  any  particular 
religious  influence  ; the  scope  should  comprehend  uni- 
versal learning,  and  include  all  classes  and  kinds  of 
persons  without  distinction  and  with  perfect  impar- 
tiality. 

Since  it  has  already  been  amply  stated  in  these 
pages  that  religious  faiths  are  purely  matters  of  indi- 
vidual conviction,  and  cannot  be  subject  to  an}"  political 
authority,  it  need  hardly  be  added  that  it  is  wrong  for 
the  state  to  usurp,  as  a function  within  its  province, 
the  introduction  of  religious  influences  into  the  educa- 
tional administration.  There  are  those  who  are  opposed 
to  the  interference  of  the  state  in  any  affairs  of  educa- 
tion. These  persons  hold  that  it  may  reasonably  be 
asserted  that  education  is  entirely  a subject  for  per- 
sonal and  private  determination.  I have  no  desire  to 


12 


oppose  such  a view,  so  long  as  parents  or  guardians 
are  faithful  to  their  trust. 

If  the  state  has  any  authorit}"  at  all  to  punish  crimi- 
nals, or,  correctly  speaking,  to  protect  its  people  from 
violence,  it  certainly  has  equal  authority  to  assure  their 
peace.  No,  the  State  cannot  possibly  disclaim  its  re- 
sponsibility. It  can  best  discharge  its  obligations  by 
assisting  in  the  diffusion  of  a knowledge  of  facts  in 
science  and  art,  and  thus  it  shall  establish  peace  upon 
a solid  foundation  of  enlightenment,  and  let  the  base 
influence  of  ignorance, — the  source  of  all  human  mis- 
eries,— perish  through  its  own  weakness  as  speedily  as 
possible. 

By  the  diffusion  of  knowledge  among  the  people  it  is 
not  intended  to  confine  the  spread  of  information  to 
aii}^  special  class  or  kind,  but  to  extend  it  so  that  every 
one,  whether  male  or  female,  without  exception,  shall 
be  its  recipients.  The  mode  of  giving  every  one  in 
the  community  an  opportunity  to  receive  an  education 
may  vary  according  to  his  or  her  condition  in  regard 
to  age  and  occupations.  It  is  not  necessary  in  this 
paper  to  discuss  details  ; but  it  is  sufficient  to  say  that 
every  possible  means  that  can  be  adapted  to  the  cir- 
cumstances should  be  employed  to  advance  all  kinds 
of  useful  knowledge  for  the  general  improvement  of 
our  entire  people. 

Let  our  nation  be  an  apt  scholar,  and  soon  it  may 
be  its  lot  to  wait  upon  other  nations  as  their  beneficial 
educator,  as  well  as  their  agreeable  associate  in  living 
the  life  of  happiness  and  true  grandeur. 

Before  concluding  this  paper,  permit  me.  Sir,  to 
express  my  sincere  hope  that  you  will  be  disposed  to 


13 


consider  seriously  its  important  subject,  and  that  ^’’ou 
will  be  able  to  make  such  disposition  of  it  and  the  ac- 
companying draft  of  a Religious  Charter  of  Japan,  as 
will  be  best  calculated  to  serve  the  public  interest. 

If,  in  the  course  of  the  preceding  remarks,  there 
appears  anything  which,  contrary  to  my  expectations, 
may  possibly  be  offensive,  I must  humbly  yet  firmly 
assure  you  that  it  occurs,  not  from  any  want  of 
respect  or  lo3^alty,  but  is  a result  of  the  excess  of 
my  intense  solicitude  for  the  interests  and  happiness 
of  my  country  and  her  people. 

I have  the  honor.  Sir,  to  be  yours 

Most  respectfully, 

Arixoei  Mori. 

Washington,  D.  C.,  U.  S.  A. 

The  5tli  j^ear  of  Meidi  aud  the  35th  of  the  10th  month. 


November  23, 1872, 


THE  RELIGIOUS  CHARTER 


OF  THE 

EMPIRE  OF  DAI  NIPHON. 


Whereas,  in  matters  of  conscience  and  relig- 
ious.' faith,  it  has  been  justly  observed  that  the 
manner  of  exercising  them  can  be  properly  de- 
termined only  by  reason  and  conviction,  not  by 
force  or  violence,  and 

Whereas,  no  man  or  society  of  men  has  any 
right  to  impose  his  or  its  opinions  or  interpreta- 
tions on  any  other  in  matters  of  religion,  since 
every  man  must  be  responsible  for  himself,  and 

Whereas,  we  have  no  other  purpose  than  that 
of  avoiding  for  our  nation  the  misery  which 
the  experience  of  the  world  shows  has  followed 
the  patronage,  by  the  State,  of  any  particular 
religion. 

It  is  now  solemnly  resolved  and  declared  that 
the  Imperial  Government  of  Dai  Hiphon  will 


16 


make  no  law  prohibiting,  either  directly  or  in- 
directly, the  free  exercise  of  conscience  or  relig- 
ious liberty  within  its  dominions. 

And  it  is  further  solemnly  resolved  and  declared 
that  the  organization  of  any  religions  order  shall 
not  be  interfered  with  by  either  local  or  national 
authority,  so  long  as  such  organization  does  not 
conflict  with  the  laws  of  the  State. 

And  it  is  further  solemnly  resolved  and  declared 
that  the  law  of  the  Empire  shall  recognize  no 
religious  institution  as  special  or -different  from 
any  other  kind  of  social  institution. 

And  it  is  further  solemnly  resolved  and  declared 
that  no  special  privilege  or  favor  shall  be  granted 
by  either  local  or  national  authority  to  any  par- 
ticular sect  or  religious  denomination,  without 
extending  the  same  at  once  to  every  other. 

And  it  is  further  solemnly  resolved  and  de- 
clared that  no  religious  or  ecclesiastical  title  or 
rank  shall  be  conferred  by  the  State  upon  any 
person  belonging  to  any  religious  association. 

And  it  is  further,  and  in  conclusion,  solemnly 
resolved  and  declared  that  no  action  which  may 
promote  religious  animosity  shall  be  permitted 
within  the  realm. 


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